In Rosenberger v. Rector of University of Virginia (1995), the Supreme Court rejected the ACLU’s argument in its amicus brief that a university could and should discriminate against a Christian-oriented student magazine because of its religious viewpoint.

In Meltebeke v. Bureau of Labor and Industries (1995), the Oregon Supreme Court rejected the ACLU’s argument in its amicus brief that a state rule that restricted religious expression in the workplace was properly applied to fine an Evangelical Christian employer.

Moreover, as law professor David Bernstein notes, the ACLU in California is a “vigorous proponent of hate speech regulations.” And the ACLU’s Massachusetts chapter has supported campus speech codes, ignoring that pesky First Amendment.

The ACLU is a big supporter of racial quotas, which typically violate the Constitution, unsuccessfully arguing in Coalition for Economic Equity v. Wilson (1997), that minorities have a federal constitutional right to racial preferences that overrides state constitutional equal-protection provisions banning all racial discrimination.

Nancy Gertner, a prominent ACLU lawyer in Massachusetts, argued that rape law should be redefined so that mere consent to sex is not enough, claiming that people should only be allowed to have sex after express, explicit permission of the sort that precedes a medical operation.